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Can ex really refiae to pay share of legal fees to set aside joint debt?

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  • Can ex really refiae to pay share of legal fees to set aside joint debt?

    Not sure of the best place to post this so will start here.

    Ex and I had family home in France repossessed (illegally as it turned out) during financial crisis and it was sold leaving debt of almost £200,000. We have been chased a few times by debt collection agencies over the years but nothing happened. Finally got a letter before action from sols in the UK so decided it needed to be sorted finally. Paid £20,000 in sols fees to sort it out and it has now been dropped as time barred and process was illegal. Ex refused to engage in process or respond to any emails. Was kept informed of cost and progress throughout.

    Is there really no law that says he has to pay half of the solicitor's fees despite benefitting from the setting aside of a huge debt?

    Not covered by equitable accounting rules or Civil Liability (Contribution) Act

    Any advice appreciated as only have 21 days to appeal the dismissal of the case. Can't afford solicitor as already £25k out of pocket

    Thanks

    Tags: None

  • #2
    You say you have had a case dismissed, but do not say what it was. Was this a claim against your ex?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hello, thanks for responding. It was a small claim for half of the solicitors fees I paid.

      Comment


      • #4
        I suspect that you are stuck with the fees. Did she do anything at all to say that she would contribute?

        Comment


        • #5
          It's a he ☺️

          He refused to respond to any emails although he read them. Sadly I suspect you are right unless I can find any other law that covers it. Unbelievable that I can save him from a debt of nearly £100k and he doesn't need to pay a penny

          Comment


          • #6
            Hindsight is a wonderful thing, I know, but I think you should have asked him to join in the action in advance.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              I did, many many times but as I said he refused to respond to emails despite reading them repeatedly and it needed to be resolved before a CCJ was issued as it would then have become far more expensive and complicated.

              Comment

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